TURNER v. STATE

No. 97-370.

710 So.2d 688 (1998)

Timothy W. TURNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 29, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Tracy M. Cheren, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We reject appellant's argument that fundamental error occurred in that he was charged with a non-existent crime. The information charged him with the existing crime of unlawfully handling, fondling or assaulting a child under the age of 16 years in a lewd and lascivious manner, by penetrating the victim's vagina with his finger, without committing the crime of sexual battery, under section 800.04, Fla. Stat.

Because of the language used in the...

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